Chinese gov’t mulls anti-money laundering law to ‘monitor’ new fintech

Chinese lawmakers are considering revisions to an earlier law to develop better methods to monitor and analyze crypto for anti-money laundering.
Chinese lawmakers are considering revisions to an earlier law to develop better methods to monitor and analyze crypto for anti-money laundering.

Chinese lawmakers are considering revising an earlier anti-money laundering law to enhance capabilities to “monitor” and analyze money laundering risks through emerging financial technologies — including cryptocurrencies.

According to a translated statement from the South China Morning Post, Legislative Affairs Commission spokesperson Wang Xiang announced the revisions on Sept. 9—citing the need to improve detection methods amid the “rapid development of new technologies.”

The newly proposed legal provisions also call on the central bank and financial regulators to collaborate on guidelines to manage the risks posed by perceived money laundering threats from nascent technologies.

Wang noted that financial institutions would likewise be held accountable for assessing money laundering risks posed by novel business models arising from emerging tech.

Related: Hong Kong considers new licensing regime for OTC crypto trading

The Supreme People’s Court expands the definition of money laundering channels

On Aug. 19, the Supreme People’s Court — the highest court in China — announced that virtual assets were potential methods to launder money and avoid taxation. According to the court ruling:

"Virtual assets, transactions, financial asset exchange methods, transfer, and conversion of proceeds of crime can be regarded as ways to conceal the source and nature of the proceeds of crime."

The ruling also stipulated that money laundering in amounts over 5 million yuan ($705,000) committed by repeat offenders or caused 2.5 million yuan ($352,000) or more in monetary losses would be deemed a “serious plot” and punished more severely.

China’s hostility toward cryptocurrencies and virtual assets

China’s government has a well-documented hostility toward digital assets. In 2017, a Beijing market regulator required all virtual asset exchanges to shut down services inside the country.

The ensuing government crackdown included foreign digital asset exchanges like Coinbase — which were forced to stop providing services in the country. Additionally, this caused Bitcoin’s (BTC) price to plummet to lows of $3,000.

Later, in 2021, the Chinese government began more aggressive posturing toward cryptocurrencies through a renewed focus on targetting cryptocurrency operations within the country.

This initiative called for inter-departmental collaboration between the People’s Bank of China (PBoC), the Cyberspace Administration of China, and the Ministry of Public Security to discourage and prevent the use of crypto.

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